Lawyers please chime in

[BlazinEagle]

My parents got a divorce three years ago. According to the divorce decree my mother had 2 years two get my fathers name off of the house loan. She never did and now is filing for bankruptcy. Is my father liable for the loan or does the divorce decree hold up?
After the divorce was final she did have the bank stop sending him the bills and remove his name from the envelopes when they mail her the bill.
She was given alimony for 2 years, got the car and the house. The only thing he got was his clothes and a few other small items.

Please let me know.

Also is the bank wrong for not notifing him when she stopped paying the mortgage?

Nice way to end a 25 year marriage!
Thanks,
Rodney

[cstreu1026]

If his name is still on the note then he is still liable for the debt. At the very least I would say he is in for more legal bills.

[BlazinEagle]

That is what thought, so I told him to start saving now for the lawyer fees.

[ibstrokin]

See a lawyer and quick, he may be able to get the house. Or, he may need to file bankruptcy also.

[PaulFiveOh]

You should run a detailed credit check on him (assuming you know his SS). That will tell you for sure whether or not his liable to the bank.

[BlazinEagle]

I will do the credit check....good idea since i do know his ss.
Thanks all.

[PaulFiveOh]

I will do the credit check....good idea since i do know his ss.
Thanks all.

No problem bud.

[SMOKE]

If his name is still on the mortgage, he is still as responsible as she is.
He needs to try to get the house if he wants to keep it in good standing.
If she already decided she is definately going to file a BK, he is screwed depending on what kind of BK it is...

Is she doing a Chapter 7 or 13?

[NUTTSGT]

ouch, this just sucks.